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Part 1 — Organization of the Trust
1 In this Act:
"executive committee" means the committee referred to in section 20 (1);
has the same meaning as in the School Act;
"island" means all of the land that makes up an island, and includes surrounding land attached to and extending from an island, whether or not water flows over or under it;
"Islands Trust Conservancy" means the board of trustees referred to in section 40 (1);
"local trust area" means
(a) an island designated in Schedule B, or
(b) an island or group of islands in the trust area that is designated as a local trust area by regulation,
and includes those islands, if any, within boundaries surrounding an island or group of islands referred to in paragraphs (a) and (b) that may be specified by regulation, but does not include land in a municipality, all or part of which is in the trust area;
"local trust committee" means,
(a) in respect of a local trust area, the committee referred to in section 23 (2), and
(b) in respect of that part of the trust area that is not within a local trust area or municipality, the executive committee acting under section 23 (5);
"local trustee" means a trustee elected under section 6 from a local trust area;
"municipal trustee" means a trustee appointed under section 7;
"secretary" means the person appointed under section 17 (1) (a);
"trust" means the Islands Trust continued under section 2 (1);
"trust area" means the land located within the boundaries described in Schedule A;
"trust council" means the Islands Trust Council referred to in section 5;
"trust fund" means the Islands Trust Fund continued under section 2 (2);
"trust policy statement" means the trust policy statement adopted under section 15 (1);
"trustee" means a local trustee, a municipal trustee and a trustee of the trust fund, or any of them, as the context requires.
2 (1) The trust known as the Islands Trust is continued.
(2) The trust fund known as the Islands Trust Fund is continued for the purpose of carrying out the object of the trust.
(3) The trustees of the trust are the local trustees, the municipal trustees and the trustees of the trust fund.
3 The object of the trust is to preserve and protect the trust area and its unique amenities and environment for the benefit of the residents of the trust area and of British Columbia generally, in cooperation with municipalities, regional districts, improvement districts, First Nations, other persons and organizations and the government of British Columbia.
4 (1) The trust council, executive committee, local trust committees and Islands Trust Conservancy are continued for the purpose of carrying out the object of the trust.
(2) The trust council is intended to establish the general policies for carrying out the object of the trust and to be responsible for the financial management of the trust, other than financial management of the trust fund.
(3) The executive committee is intended to carry out the daily business of the trust, to review the activities of the local trust committees and to act as a local trust committee for that part of the trust area that is not in a local trust area or municipality.
(4) The local trust committees are intended to regulate the development and use of land in their local trust area by exercising powers conferred by this Act, including powers that would otherwise belong to the regional district for each area.
(5) The Islands Trust Conservancy is intended to administer the trust fund and to manage the real and personal property assets of the trust fund.
6 (1) For each local trust area, 2 trustees are to be elected to represent the electors of the area.
(2) The trust council has the same responsibility and authority in relation to elections for local trustees as a regional district has in relation to elections for electoral area directors.
(3) Part 3 of the Local Government Act, as it applies in relation to electoral area directors for a regional district and their election, applies in relation to local trustees and their election.
(4) For the purposes of subsection (3), the references in Part 3 of the Local Government Act are to be read in accordance with the following:
(a) a reference to a regional district board or local government is to be read as a reference to the trust council;
(b) a reference to a municipality or electoral area is to be read as a reference to a local trust area;
(c) a reference to the local government or regional district corporate officer is to be read as a reference to the officer or employee of the trust council assigned responsibility in relation to the matter by the trust council;
(d) a reference to a designated local government officer or designated regional district officer is to be read as a reference to the officer or employee of the trust council assigned responsibility in relation to the matter by the trust council.
(5) The term of office of a local trustee elected at the time of a general local election
(a) begins on the first Monday after November 1 following the election or when the person takes office in accordance with section 202 (3) of the Local Government Act, whichever is later, and
(b) ends immediately before the first Monday after November 1 in the year of the next general local election or when the person's successor takes office, whichever is later.
(6) The following provisions of the Local Government Act apply to local trustees:
(a) section 202 [oath or affirmation of office];
(b) section 203 [resignation from office];
(c) section 204 [director disqualification for failure to attend meetings].
(7) The following provisions of the Community Charter apply to local trustees:
(a) Division 6 [Conflict of Interest] of Part 4;
(a.1) Division 6.1 [Mandatory Leave of Absence] of Part 4;
(b) Division 7 [Challenge of Council Member Qualification for Office] of Part 4.
(7.1) If, as a result of section 109.3 [mandatory leave of absence] of the Community Charter as it applies for the purposes of this Act, the number of members of a local trust committee who may exercise their powers is reduced to fewer than the number that is required for the local trust committee to exercise its powers, the minister may
(a) order that the reduced number of members constitutes the required number of members for the local trust committee to exercise its powers until the previous requirement can be met, or
(b) appoint qualified persons to act on behalf of the members who are on a leave of absence under section 109.3.
(8) The qualification requirements of section 81 [who may hold office on a local government] of the Local Government Act for being nominated for, being elected to or holding office on a local government apply in relation to being nominated for, being elected to or holding office as a trustee.
7 (1) The council of a municipality in the trust area must, before December 1 of each year, appoint 2 municipal trustees from among its members.
(2) Unless otherwise provided by letters patent under section 23 of the Local Government Act, a municipal trustee appointed under subsection (1) of this section holds office from the date of appointment until the first Monday following the next November 1 or until the appointment of the trustee's successor, whichever is later.
8 (1) For the purpose of carrying out the object of the trust, the trust council must
(a) adopt an annual budget in accordance with section 14,
(b) adopt a trust policy statement in accordance with section 15,
(c) consider bylaws for approval in accordance with section 16,
(d) appoint officers and other employees in accordance with section 17 and auditors in accordance with sections 18 and 45,
(e) file an annual report in accordance with section 19, and
(f) carry out other duties that the minister or the Lieutenant Governor in Council, by order, directs.
(2) For the purpose of carrying out the object of the trust, the trust council may
(a) acquire and dispose of land,
(b) coordinate and assist in the determination, implementation and carrying out of municipal, regional and improvement district and government of British Columbia policies for the preservation and protection of the trust area and its unique amenities and environment,
(c) make recommendations to the Islands Trust Conservancy respecting priorities for the acquisition, use and disposition of property by the Islands Trust Conservancy,
(d) make recommendations to the Lieutenant Governor in Council respecting the acquisition, use and disposition by the government of land located in the trust area,
(e) make recommendations to the Lieutenant Governor in Council respecting the determination, implementation and carrying out of policies for the preservation and protection of the trust area and its unique amenities and environment,
(f) engage in activities to gain knowledge about the history and heritage of the trust area and to increase public awareness, understanding and appreciation of that history and heritage,
(g) conserve heritage property,
(h.1) support and give financial assistance to others to do any of the following:
(i) engage in activities to gain knowledge about the history and heritage of the trust area and to increase public awareness, understanding and appreciation of the history and heritage;
(ii) conserve heritage property;
(iii) engage in activities to gain knowledge about the unique amenities and environment of the trust area and to increase public awareness, understanding and appreciation of the unique amenities and environment;
(iv) preserve and protect the unique amenities and environment of the trust area,
(i) recommend to a regional district board that it exercise its tax exemption authority under section 392 of the Local Government Act in relation to heritage property in the trust area, and
(j) assign duties to the executive committee and to the local trust committees.
(2.1) Sections 285 and 286 of the Local Government Act apply to a disposition of land under subsection (2) (a).
(3) The trust council must not, without the prior approval of the minister, incur liabilities or borrow money.
9 (1) For the purpose of carrying out the object of the trust, the trust council may enter into, on its own behalf or on behalf of one or more local trust committees, agreements with one or more of the following respecting the coordination of activities in the trust area:
(a) the government of British Columbia;
(c) an agent of the government of British Columbia or Canada;
(d) a municipality, regional district, board of school trustees or francophone education authority;
(2) An agreement under subsection (1) is subject to the approval of the minister.
(3) If there is a conflict between an agreement under subsection (1) and a bylaw or agreement of a local trust committee, the agreement under subsection (1) prevails.
10 The trust council may, by bylaw adopted by at least 2/3 of its members present at the meeting at which the vote on adoption takes place, delegate its powers under sections 8 (1) (d) and (f) and (2) (a) to (f) and 9 (1), subject to any restrictions or conditions specified in the bylaw.
11 (1) The trust council may, by bylaw adopted by at least 2/3 of its members present at the meeting at which the vote on adoption takes place, establish procedures that one or more local trust committees, as specified in the bylaw, must follow in exercising their authority and carrying out their responsibilities under this or any other enactment.
(2) Without limiting subsection (1), the trust council may establish procedures in relation to one or more of the following:
(a) the conduct of local trust committee meetings;
(b) the consideration and adoption of resolutions and bylaws;
(c) the receipt and consideration of applications for amendments to bylaws and official community plans;
(d) the receipt and consideration of applications for permits and the issuance of permits.
(3) The procedures established by a bylaw under subsection (1) are in addition to any procedures that apply to a local trust committee under this Act or any other enactment.
(4) If there is a conflict between a bylaw under subsection (1) and a bylaw of a local trust committee respecting its procedures in exercising its authority and carrying out its responsibilities, the bylaw under subsection (1) prevails whether it was adopted before or after the bylaw of the local trust committee.
12 (1) The trust council is a corporation.
(2) Subject to subsection (3), the Business Corporations Act does not apply to the trust council.
(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Business Corporations Act apply to the trust council and, if this is done, those provisions apply accordingly.
(4) The fiscal year of the trust council ends on March 31 of each year.
13 (1) The following provisions apply to the trust council:
(a) section 122 [exercise of powers by bylaw or resolution] of the Community Charter;
(b) section 135 [requirements for passing bylaws] of the Community Charter;
(c) section 225 (1) [procedure bylaws] of the Local Government Act.
(2) Subject to subsections (4) and (5), a resolution approved in accordance with subsection (3) is as valid as if it had been voted on and passed at a properly called and constituted meeting of the trust council.
(3) For the purposes of subsection (2), approval of a resolution is given if a majority of the members of the trust council entitled to vote on the resolution inform the secretary of their approval in person or by telephone or other means of telecommunication.
(4) Subsection (2) does not apply to resolutions
(a) giving second or third reading to a bylaw, or
(b) respecting a decision under section 16 (1) (b) in relation to a bylaw referred to the trust council for approval under section 27 (3) or 38 (3).
(5) For a resolution giving first reading to or adopting a bylaw under section 10, approval is given if 2/3 of the members of the trust council entitled to vote on the resolution approve the resolution in accordance with subsection (2).
14 (1) On or before March 31 in each year, the trust council must, by bylaw, adopt an annual budget for the trust for the next fiscal year.
(2) Subject to subsection (6), a bylaw under subsection (1) has no effect until it is approved by the minister.
(a) show separately revenues obtained from appropriations, including operating grants and anticipated recoveries from taxes levied under sections 48 and 49, and other sources,
(b) show appropriated surpluses of prior years, and
(c) set out separately the anticipated expenditure relating to
(i) operations of the trust council and of the executive committee, except the operations of the executive committee acting as a local trust committee under section 23 (5),
(ii) general operations of the local trust committees, including the operations of the executive committee acting as a local trust committee under section 23 (5) and excluding the operations referred to in subparagraph (iii),
(iii) operations of a local trust committee that are additional operations not included within the general operations of all the local trust committees under subparagraph (ii), and
(iv) administrative operations of the Islands Trust Conservancy.
(4) A deficit that is incurred in any of the classes of operations referred to in subsection (3) (c) (i) to (iv) must be carried forward as an expenditure against that class of operations in the next year.
(5) The limit of the budgeted expenditure for a class of operations referred to in subsection (3) (c) (i) to (iv) is the budgeted revenue for that class.
(6) Before the annual budget is approved by the minister, an expenditure is not lawful if
(a) it is not provided for in the proposed annual budget, or
(b) the total expenditures under the proposed annual budget would, as a result of the expenditure, exceed 25% of the total proposed annual budget.
(7) After the annual budget is approved by the minister, an expenditure is not lawful if it is not provided for in the annual budget.
15 (1) The trust council must, by bylaw, adopt a trust policy statement that applies to the trust area.
(2) The trust policy statement
(a) must be a general statement of the policies of the trust council to carry out the object of the trust,
(b) may establish different policies for different parts of the trust area, and
(c) has no effect for the purposes of subsection (4) unless it is approved by the minister.
(3) Between first and second readings of a bylaw under subsection (1), the trust council must refer the proposed trust policy statement to the board of each regional district, all or part of which is in the trust area, for review and comment by the board.
(a) submitted to the executive committee under section 27 (1) or 38 (1), or
(b) referred to the trust council under section 27 (3) or 38 (3)
must not be approved by the executive committee or the trust council, as the case may be, if it is contrary to or at variance with the trust policy statement.
16 (1) If a bylaw is referred to the trust council under section 27 (3), 30 (3) or 38 (3), the trust council must
(ii) return the bylaw to the local trust committee or municipal council, as the case may be, giving reasons for the return and directions as to changes to the bylaw that would be required for approval, or
(iii) refuse the bylaw, giving reasons for the refusal,
(c) notify the local trust committee or municipal council, as the case may be, of its decision within 60 days after the date on which the secretary received the request under section 27 (3), 30 (3) or 38 (3), and
(d) as soon as practicable after giving notice of its decision, deliver its decision in writing to the local trust committee or municipal council, including reasons and directions referred to in paragraph (b) (ii) and (iii).
(2) If the trust council does not give notice of its decision respecting approval of a bylaw within the time limit established by subsection (1) (c), it is deemed to have approved the bylaw.
17 (1) The trust council must appoint
(a) a person to the office of secretary,
(b) a person to the office of treasurer,
(c) persons to any other offices that it has, by bylaw, designated as officer positions, and
(d) other employees that it considers necessary to carry out the operations of the trust council, the executive committee, the local trust committees and the Islands Trust Conservancy.
(2) The same person may be appointed to 2 or more offices.
(3) The power of appointment under subsection (1) is subject to the Public Service Act, and, for the purposes of the Public Service Act and the Public Service Labour Relations Act, employees of the trust council are deemed to be employees and the trust council is deemed to be an employer in respect of those employees.
(3.1) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the trust council and the employees of the trust council.
(4) The trust council may require a bond under the Bonding Act from a person appointed under subsection (1).
(5) The premium for a bond required under subsection (4) must be paid by the trust council.
(6) The trust council may, by bylaw, provide all or a part of the premium for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies.
18 (1) The trust council must appoint an auditor to audit the accounts and transactions of the trust council and the local trust committees.
(2) Division 2 [Audit] of Part 6 of the Community Charter applies to the trust council and the local trust committees.
(3) The auditor must report to the trust council, to the minister and, in the case of an audit of a local trust committee, to the local trust committee.
19 Each year, the trust council must prepare and file with the minister a report respecting the previous fiscal year that includes
(a) an audited balance sheet and statement of receipts and expenditures,
(b) a report of the operations of the trust council, the executive committee and the local trust committees,
(c) the annual report of the Islands Trust Conservancy submitted to the trust council under section 46, and
20 (1) The executive committee is comprised of the chair and vice chairs elected under this section.
(2) Unless a higher number of vice chairs is established under subsection (3), there are to be 2 vice chairs.
(3) On the recommendation of the trust council, the Lieutenant Governor in Council may, by regulation, increase or decrease the number of vice chairs, subject to the restriction that this number may not be decreased to fewer than 2 vice chairs.
(4) As soon as practicable after the election of local trustees under section 6, the trust council must elect from among its members the chair and vice chairs.
(5) If a regulation under subsection (3) increases the number of vice chairs, as soon as possible after this increase, the trust council must elect from among its members vice chairs for the new offices.
(6) The term of office for a member of the executive committee is from the time of the person's election until,
(a) in the case of a person elected under subsection (4), the person's successor is elected under that subsection, and
(b) in the case of a person elected under subsection (5),
(i) the person's successor is elected under subsection (4), if there has not been a decrease in the number of vice chairs since the person was elected, or
(ii) the next election under subsection (4), if there has been a decrease in the number of vice chairs since the person was elected.
(7) If an office on the executive committee becomes vacant before the end of the term of the person elected to it under subsection (4) or (5), the trust council must elect from among its members a person to fill the vacancy for the remainder of the term.
(8) Elections under subsection (4), (5) or (7) must be in accordance with the regulations.
21 (1) For the purpose of carrying out the object of the trust, the executive committee must
(a) consider bylaws submitted to it for approval under sections 27 (1) and 38 (1),
(b) act as a local trust committee under section 23 (5) for that part of the trust area that is not in a local trust area or a municipality, and
(c) carry out other duties that the trust council directs.
(2) The executive committee is a corporation only for the purposes of acting as a local trust committee under section 23 (5).
22 (1) If a bylaw is submitted under section 27 (1) or 38 (1) for approval by the executive committee, the executive committee must
(ii) return the bylaw to the local trust committee or municipal council, as the case may be, giving reasons for the return and directions as to changes to the bylaw that would be required for approval, or
(iii) refuse the bylaw, giving reasons for the refusal,
(c) notify the local trust committee or municipal council, as the case may be, of its decision within one month after the date on which the secretary received the bylaw submitted under section 27 (1) or 38 (1), and
(d) as soon as practicable after giving notice of its decision, deliver its decision in writing to the local trust committee or municipal council, including reasons and directions referred to in paragraph (b) (ii) and (iii).
(2) If the executive committee does not give notice of its decision respecting approval of a bylaw within the time limit established by subsection (1) (c), it is deemed to have approved the bylaw.
Part 4 — Local Trust Committees
23 (1) For each local trust area there is a local trust committee.
(2) Each local trust committee is comprised of
(a) the local trustees for the local trust area, and
(b) the person appointed under subsection (3) (a).
(3) For each local trust committee, the chair of the trust council must appoint,
(a) as a member of the local trust committee, a member of the executive committee who is not a local trustee for that local trust area, and
(b) if possible, as an alternate member of the local trust committee, another member of the executive committee who is not a local trustee for that local trust area.
(4) The alternate member of a local trust committee appointed under subsection (3) (b) may, in the absence of the member of the local trust committee appointed under subsection (3) (a), vote and act generally in all matters of the local trust committee in the place of the absent member.
(5) For the part of the trust area that is not within a local trust area or municipality,
(a) the executive committee is deemed to be the local trust committee, and
(b) this Act, as it applies to a local trust committee for its local trust area, applies to the executive committee.
24 (1) For the purpose of carrying out the object of the trust, each local trust committee must
(a) submit its bylaws to the executive committee in accordance with section 27 (1) and to the minister for the purposes of section 27 (2) (b), and
(b) carry out other duties that the trust council directs.
(2) For the purpose of carrying out the object of the trust, each local trust committee may do the following:
(a) enforce its bylaws in accordance with section 28;
(b) regulate the development and use of land in its local trust area in accordance with sections 29 and 31;
(c) enter into agreements with municipalities, regional districts, boards of school trustees and francophone education authorities respecting the coordination of activities in the local trust area.
(3) A local trust committee must not incur liabilities or borrow money.
25 (1) Each local trust committee is a corporation.
(2) Subject to subsection (3), the Business Corporations Act does not apply to the local trust committees.
(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Business Corporations Act apply to the local trust committees and, if this is done, those provisions apply accordingly.
(4) The fiscal year of a local trust committee ends on March 31 of each year.
26 (1) The following provisions of the Local Government Act apply to the local trust committees:
(a) section 225 (1) [procedure bylaws];
(b) Division 1 [Challenge of Municipal Bylaws and Other Municipal Instruments] of Part 16, other than
(i) section 624 (1) [limitation period on application for declaratory order], and
(ii) section 626 [assessment or rate stands unless instrument set aside].
(1.1) For the purposes of section 623 (4) [notice of application to set aside bylaw or other instrument] of the Local Government Act as it applies to a local trust committee, the notice under that section must be served on the secretary.
(1.2) The following provisions of the Community Charter apply to the local trust committees:
(a) section 122 [exercise of powers by bylaw or resolution];
(b) section 135 [requirements for passing bylaws];
(c) section 136 [when a bylaw comes into force];
(d) section 139 [consolidation of bylaws];
(e) section 140 [revision of bylaws];
(f) section 163 [evidence of municipal bylaws and other records].
(2) Subject to subsection (4), a resolution approved in accordance with subsection (3) is as valid as if it had been voted on and passed at a properly called and constituted meeting of a local trust committee.
(3) For the purposes of subsection (2), approval of a resolution is given if a majority of the members of the local trust committee entitled to vote on the resolution inform the secretary of their approval in person or by telephone or other means of telecommunication.
(4) Subsection (2) does not apply to resolutions giving second or third reading to a bylaw.
27 (1) A local trust committee must, before adoption, submit its bylaws to the secretary for approval by the executive committee.
(2) A bylaw of a local trust committee has no effect
(a) in all cases, until it is approved by the executive committee or, if a request is made under subsection (3), by the trust council, and
(b) in the case of a bylaw adopting or amending an official community plan, until it is approved by the minister.
(3) If the executive committee returns or refuses to approve a bylaw submitted to it under subsection (1), the local trust committee may, by request delivered to the secretary, refer the bylaw to the trust council for approval.
28 (1) For the purposes of enforcing its bylaws and section 32 of this Act, a local trust committee has all the power and authority of a regional district board.
(1.1) Division 1 [Bylaw Enforcement and Related Matters] of Part 12 [Regional Districts: Bylaw Enforcement and Challenge of Bylaws] of the Local Government Act, other than section 413 (2) and sections 421 to 424, applies to a local trust committee in relation to subsection (1).
(2) Fines and other penalties imposed and collected under or because of a bylaw of a local trust committee must be paid to the trust council.
29 (1) Each local trust committee has, in respect of its local trust area, all the power and authority of a regional district board under the following enactments:
(a) the following provisions of Part 9 [Regional Districts: Specific Service Powers] of the Local Government Act:
(i) section 298 (1) (j) [regulation of construction and layout of trailer courts, manufactured home parks and camping grounds];
(ii) section 327 [removal and deposit of sand, gravel and other soil];
(b) Part 14 [Planning and Land Use Management] of the Local Government Act, other than the following:
(i) section 481.3 [zoning bylaws and small-scale multi-family housing];
(i.01) section 482.7 [zoning bylaws and affordable and special needs housing];
(i.02) sections 484 (f), 488 (1) (k) and 491 (11) [development approval information and development permit areas for tenant protection purposes];
(i.1) sections 507 [requirements for excess or extended services] and 508 [latecomer charges and cost recovery for excess or extended services];
(i.2) sections 513.2 and 513.3 [requirements to provide land for transportation purposes];
(ii) Division 19 [Development Costs Recovery];
(ii.1) Division 19.1 [Amenity Costs Recovery];
(iii) Division 20 [School Site Acquisition Charges], except for section 574 [determination of eligible school site requirements];
(iv) Division 23 [Transit-Oriented Areas];
(c) section 242 [approval for conversion of previously occupied buildings] of the Strata Property Act;
(d) the Real Estate Development Marketing Act;
(e) the Agricultural Land Commission Act.
(2) For the purposes of subsection (1), the enactments referred to in that subsection, as they apply to a regional district board, apply to the local trust committees.
(3) Despite subsection (2), if an owner of land that is being subdivided exercises the option under section 510 (1) (b) of the Local Government Act to pay money instead of providing park land, the money must be paid to the applicable regional district.
(4) The government, or an agency of the government as defined in the Public Service Labour Relations Act, must not develop, begin construction on or dispose of land located in the trust area unless the government or the agency of the government, as the case may be, first gives notice of the development, construction or disposition to the trust council.
(5) If an official community plan that relates to all or part of a local trust area has been adopted or is being prepared or amended and the portion of the local trust area affected by the community plan includes all or any part of one or more school districts, the local trust committee for that local trust area must, at the time of preparing or amending the community plan, and, in any event, not less frequently than once in each calendar year, consult with the boards of education for those school districts and seek their input with respect to
(a) the actual and anticipated needs for school facilities and support services in the school districts,
(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a),
(c) the type of school anticipated to be required on the sites referred to in paragraph (b),
(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required, and
(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.
30 (1) Subject to this section, each local trust committee has, in respect of its local trust area, all the powers and authority of a local government under Part 15 of the Local Government Act.
(2) Subject to this section and for the purposes of subsection (1), Part 15 of the Local Government Act, as it applies to regional district boards, applies to local trust committees.
(3) As an exception to section 27 in relation to a heritage designation bylaw of a local trust committee under section 611 of the Local Government Act,
(a) the local trust committee must, by request delivered to the secretary, refer the bylaw to the trust council for approval in accordance with section 16, and
(b) the bylaw has no effect until it is approved by the trust council.
(4) For a heritage designation bylaw of a local trust committee, the temporary protection of section 607 (2) of the Local Government Act applies for
(a) a period of 60 days beginning on the date of the first reading of the bylaw, and
(b) if the bylaw is referred to the trust council under subsection (3), a further period of 60 days beginning on the date the bylaw is referred, subject to the limit that, if the bylaw is refused by the trust council, the protection ends on the date of that refusal.
(5) A local trust committee may order a heritage inspection under section 600 of the Local Government Act only if the order is approved by the executive committee.
(6) Sections 604, 605 and 620 of the Local Government Act apply to an officer or employee of a regional district all or part of which is in a local trust area as though that person were an officer or employee of the local trust committee for the local trust area.
31 (1) In this section and section 32, "construction" means new construction of a building or structure and includes additions to an existing building or structure, but does not include the repair of an existing building or structure.
(2) For that part of its local trust area that is not subject to a requirement established under Division 1 of Part 9 of the Local Government Act that building permits be obtained for construction but is subject to a zoning bylaw, a local trust committee may, by bylaw,
(a) require, subject to the regulations, that owners of land in the local trust area obtain siting and use permits in accordance with the bylaw from the local trust committee or a person authorized by the local trust committee to issue the permits before beginning construction on the land, and
(b) impose application fees for permits referred to in paragraph (a) in order to recover the costs related to the permits.
(3) A siting and use permit referred to in subsection (2) (a) must be refused if the construction to which it relates does not comply with the applicable zoning bylaw.
(4) Section 463 of the Local Government Act respecting the withholding of building permits applies to the withholding of siting and use permits.
(5) Subject to the terms of a permit under this section, if the holder of the permit does not substantially begin the construction with respect to which the permit was issued within 2 years after the date it was issued, the permit lapses.
32 Subject to the regulations, a person must not begin construction on land in a local trust area that is not covered by a zoning bylaw unless the construction is approved by the local trust committee.
34 (1) Subject to subsection (2), if an addition is made to a local trust area, a bylaw of a regional district or a local trust committee, other than the local trust committee for the local trust area to which the addition is made, that was adopted before the addition was made and that applies to the addition
(a) remains in force to the extent that it applies to that addition, and
(b) may be repealed, amended or enacted again by the local trust committee for the local trust area to which the addition is made
as if it were a bylaw of the local trust committee to which the addition is made.
(2) The Lieutenant Governor in Council may, by regulation, designate bylaws of the local trust committee for the local trust area to which the addition is made that were adopted before the addition was made as bylaws that apply to an area added to a local trust area and, if this is done, a designated bylaw prevails over a bylaw referred to in subsection (1) in the event of conflict.
"director" has the same meaning as in the Environmental Management Act;
"registrar" has the same meaning as in section 39 of the Environmental Management Act;
"site disclosure statement" has the same meaning as in section 39 of the Environmental Management Act;
"specified building permit application" means an application for a building permit for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act;
"specified development permit application" means an application for a development permit for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act;
"specified zoning application" means an application for zoning or rezoning, including an application for a siting and use permit, for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act.
(2) A local trust committee must not approve a specified zoning application, specified development permit application or specified building permit application with respect to a site, unless both of the following are satisfied:
(a) the local trust committee has
(i) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the application, and
(ii) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar;
(b) the local trust committee has received one of the following:
(i) notice from a director that an investigation of the site is not required under section 40.1 (2) [investigations required with provision of site disclosure statement] or 41 [site investigations] of the Environmental Management Act;
(ii) a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;
(iii) notice from a director that the local trust committee may approve the application because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(iv) notice from a director that the director has received a remediation plan supporting independent remediation of the site;
(v) notice from a director that the director has entered into a voluntary remediation agreement with respect to the site;
(vi) a valid and subsisting approval in principle or certificate of compliance under section 53 [approvals in principle and certificates of compliance] of the Environmental Management Act with respect to the site.
(3) Subsection (4) applies if a person
(a) makes a specified zoning application for a proposed development at a site, and
(b) makes one or both of the following applications for the same proposed development at the same site:
(i) a specified development permit application;
(ii) a specified building permit application.
(4) Despite subsection (2) and in the circumstances referred to in subsection (3), a local trust committee may approve the specified zoning application if the local trust committee has
(a) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the specified development permit application or specified building permit application, as applicable, and
(b) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar.
Part 5 — Municipalities and Regional Districts
35 The board of a regional district, all or part of which is in the trust area, must not adopt a bylaw respecting the trust area, issue a permit respecting the trust area, or undertake work respecting the trust area if the bylaw, permit or work is contrary to or at variance with a bylaw of a local trust committee or a service coordination agreement under section 37 (1).
36 (1) A regional district board must not exercise within the trust area the power and authority given to
(a) the trust council under section 8 (2) (f), or
(b) a local trust committee under section 29 or 30.
(2) Despite Division 3 of Part 6 of the Local Government Act, a regional district director who represents an electoral area that is entirely in the trust area must not vote
(a) on resolutions and bylaws under Part 14 of the Local Government Act for which the power and authority have been given to a local trust committee under section 29 (1) (b) of this Act, or
(b) on resolutions and bylaws under Part 15 of the Local Government Act for which the power and authority have been given to a local trust committee under section 30 (1) of this Act.
(3) A regional district board must not adopt a regional growth strategy under Part 13 of the Local Government Act that applies to any part of the trust area, and for these purposes sections 430 (1) and 433 (2) of that Act do not apply.
37 (1) The trust council and the board of a regional district, all or part of which is in the trust area, may enter into agreements respecting the coordination of official community plans and the trust policy statement with services to be provided in the trust area by the regional district.
(2) An agreement under subsection (1) may provide for the sharing by the trust council and the regional district of the costs of the services covered by the agreement.
(3) The trust council, a local trust committee or the executive committee acting as a local trust committee must not adopt a bylaw that is contrary to or at variance with an agreement under subsection (1).
(4) The trust council or the executive committee must not approve a bylaw of a local trust committee that is contrary to or at variance with an agreement under subsection (1).
(5) Despite Division 3 of Part 6 of the Local Government Act, the regional board directors who represent a municipality or electoral area, all or part of which is in the trust area, may vote in relation to an agreement under this section.
38 (1) The council of a municipality, all or part of which is in the trust area, must, before adoption, submit to the secretary for approval by the executive committee
(a) all bylaws adopting official community plans that apply to land in the trust area, and
(b) all bylaws under Part 14 of the Local Government Act that apply to land in the trust area to which no official community plan applies.
(2) A bylaw referred to in subsection (1) has no effect until it is approved
(a) by the executive committee,
(b) on request under subsection (3), by the trust council, or
(c) on request under subsection (4), by the minister.
(3) If the executive committee does not approve a bylaw submitted to it under subsection (1), the municipality may, by request delivered to the secretary, refer the bylaw to the trust council for approval.
(4) If the trust council returns or refuses to approve a bylaw referred to it under subsection (3), the municipality may submit the bylaw to the minister for approval and, if this is done, section 16 (1) (a) and (b) applies to approval by the minister.
39 (1) A regional district board may direct that a building permit be withheld if a local trust committee advises the board that the local trust committee proposes to adopt
(a) an official community plan, or an amendment of it, or
(b) a zoning bylaw, or an amendment of it.
(2) If a direction under subsection (1) is made, section 463 [withholding of building permits that conflict with bylaws in preparation] of the Local Government Act applies to the local trust committee.
39.1 The council of a municipality, all or part of which is in the trust area, must have regard to the object of the trust in adopting a bylaw or issuing a permit or licence.
Part 6 — Islands Trust Conservancy
40 (1) The board of trustees for the trust fund is comprised of the following:
(a) one member of the executive committee, elected from among its members by the executive committee;
(b) 2 persons elected by the trust council from among its members in accordance with the regulation;
(c) the persons appointed by the minister under subsection (3).
(2) The term of office for a person elected under subsection (1) (a) or (b) is the same as for a vice chair elected under section 20 (4) and, if the office becomes vacant before the end of the term of the person elected to it, an election to fill the vacancy must be held in accordance with section 20 (7).
(3) The minister may appoint up to 3 persons to serve at pleasure as members of the Islands Trust Conservancy.
(4) The minister may require a bond under the Bonding Act from a member of the Islands Trust Conservancy.
(5) The premium for a bond required under subsection (4) must be paid by the trust council.
41 (1) For the purpose of carrying out the object of the trust, the Islands Trust Conservancy must,
(a) subject to the regulations, administer the trust fund and manage the property of the trust fund,
(b) prepare a trust fund plan in accordance with section 44,
(c) file an annual report in accordance with section 46, and
(d) carry out any other duties that the minister or Lieutenant Governor in Council, by order, directs.
(2) For the purpose of carrying out the object of the trust, the Islands Trust Conservancy may
(a) receive money and other property by way of donation, public subscription, devise, bequest or otherwise that is not subject to terms, conditions or trusts that are inconsistent with the object of the trust,
(b) receive grants from the governments of Canada or British Columbia, or their ministries or agencies, or from any person or association, and
(c) subject to section 44 (2), acquire, hold and dispose of land and other property.
(3) For the purpose of acquiring, holding and disposing of land and other property under subsection (2) (c), the Islands Trust Conservancy may use the money, land and other property of the trust fund.
(4) The Islands Trust Conservancy must not, without the prior approval of the minister, incur liabilities or borrow money.
42 (1) The Islands Trust Conservancy is a corporation that is, for all purposes, an agent of the government but may, on behalf of the government, carry out its duties and exercise its powers in its own name without reference to the government.
(2) Subject to subsection (3), the Business Corporations Act does not apply to the Islands Trust Conservancy.
(3) The Lieutenant Governor in Council may, by order, direct that one or more provisions of the Business Corporations Act apply to the Islands Trust Conservancy and, if this is done, those provisions apply accordingly.
(4) The fiscal year of the Islands Trust Conservancy ends on March 31 of each year.
43 (1) Property acquired by the Islands Trust Conservancy
(a) is the property of the government,
(b) may be held in the name of the government or in the name of the Islands Trust Conservancy, and
(c) must, despite the Land Act, be dealt with by the Islands Trust Conservancy under this Act.
(2) Money of the trust fund must, unless it is invested under subsection (3), be deposited and kept in a financial institution.
(3) Subject to the approval of the minister, the property of the trust fund may be invested as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.
44 (1) The Islands Trust Conservancy must prepare and submit to the minister, at least once every 5 years, a plan for the trust fund respecting
(a) policies on acquisition, management and disposal of property of the trust fund,
(b) policies on investment of money of the trust fund,
(c) goals for major acquisitions of property by the trust fund, and
(d) other matters as required by the minister.
(2) The Islands Trust Conservancy must not, without the prior approval of the minister, acquire, hold or dispose of land except in accordance with a trust fund plan under subsection (1) that has been approved by the minister.
45 (1) The minister may appoint an auditor to audit the accounts and transactions of the Islands Trust Conservancy.
(2) If the minister does not appoint an auditor under subsection (1), the trust council must appoint an auditor for the Islands Trust Conservancy.
(3) Division 2 [Audit] of Part 6 of the Community Charter applies to the Islands Trust Conservancy.
(4) The auditor must report to the Islands Trust Conservancy, the trust council and the minister.
46 Each year, the Islands Trust Conservancy must prepare and submit to the trust council a report respecting the previous fiscal year that includes
(a) an audited balance sheet and statement of receipts and expenditures,
(b) a report of the operations of the Islands Trust Conservancy and the management of the assets of the trust fund,
(c) a schedule of all assets held in trust and their valuation, and
"converted value of land and improvements" means the net taxable value of land and improvements multiplied by a percentage prescribed for the purposes of this section;
"improvements" means improvements as defined in the Assessment Act;
"local trust area" includes the area for which the executive committee acts as local trust committee under section 23 (5);
"net taxable value of land and improvements" means the net taxable value of land and improvements for hospital district purposes;
"property value tax" means a tax on the net taxable value of land and improvements that is levied by means of a variable tax rate system under which individual tax rates are determined and imposed for each class of property prescribed under section 19 of the Assessment Act.
(2) On or before April 25 in each year, the minister may deliver requisitions
(a) to the Minister of Finance in relation to
(i) the cost of operations of the trust council and the executive committee, except the operations of the executive committee acting as a local trust committee under section 23 (5), and the administrative operations of the Islands Trust Conservancy, and
(ii) the cost of operations of the local trust committees, and
(b) to each municipality in the trust area in relation to
(i) the cost of operations of the trust council and the executive committee, except the operations of the executive committee acting as a local trust committee under section 23 (5), and
(ii) the cost of administrative operations of the Islands Trust Conservancy.
(a) under subsection (2) (a) (i) and (b) must be for the purpose of recovering part of the amount appropriated by the Legislature to carry out the operations referred to in those provisions, and
(b) under subsection (2) (a) (ii) must be for the purpose of recovering all of the amount appropriated by the Legislature to carry out the operations referred to in that provision.
(4) Subject to subsection (5), a requisition under subsection (2) (a) (ii) must be made in respect of all local trust areas.
(5) If the annual budget sets out anticipated expenditures under section 14 (3) (c) (iii) relating to additional operations of a local trust committee, a special requisition under subsection (2) (a) (ii) of this section may be made in respect of the local trust area.
(6) The amount that is to be recovered by means of requisitions under subsections (2) (a) (i) and (2) (b) must be apportioned between the municipalities and the local trust areas on the basis of the converted value of land and improvements in the trust area.
(7) The British Columbia Assessment Authority must, as soon as practicable after the relevant information is available, provide to the secretary and the minister
(a) the net taxable value of land and improvements, and
(b) the converted value of land and improvements
in each local trust area and each municipality, all or part of which is in the trust area.
48 (1) The Minister of Finance must, on receiving a requisition under section 47 (2) (a) (i) or (ii), direct that the amount requisitioned be recovered by means of a property value tax levied in the part of the trust area in respect of which the requisition is made.
(2) The exemptions in sections 129 to 131 of the School Act apply for the purposes of this section.
(3) A tax levied under this section must be collected under and in accordance with the Taxation (Rural Area) Act as if it were a tax imposed under that Act and the provisions of that Act respecting the assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes levied under this section.
49 (1) Subject to subsection (2), if a municipality receives a requisition under section 47 (2) (b), the municipality must recover the amount requisitioned by means of a property value tax levied in the municipality.
(2) The exemptions in sections 129 to 131.01 of the School Act apply for the purposes of this section.
(3) The amount referred to in subsection (1) is a debt due by the municipality to the government and must be paid by the council of the municipality to the Minister of Finance on or before August 1 of the current year.
Part 7.1 — Natural Area Protection Tax Exemptions
49.1 For the purposes of this Part:
"eligible natural area property" means land that meets all the following requirements:
(a) it must be in an area designated under section 49.2;
(b) it must be land in relation to which there is one or more natural area values or amenities prescribed under section 53 (2) (k);
(c) it must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of values or amenities referred to in paragraph (b) of this definition;
(d) the trust council, a local trust committee or the Islands Trust Conservancy must be a covenantee in whose favour the protection covenant is made;
(e) any other requirements prescribed under section 53 (2) (k);
"natural area exemption certificate" means a certificate under section 49.3 that is in effect;
"protection covenant" means a covenant referred to in paragraph (c) of the definition of "eligible natural area property".
49.2 (1) The trust council may, by bylaw, designate all or part of a local trust area or a municipality as an area for which tax exemptions may be provided under this Part.
(2) Before adopting a bylaw under subsection (1), the trust council must obtain the consent of the regional district and, if applicable, the municipality in which the designated area is located.
(3) Before removing a designation under subsection (1), the trust council must give notice to the owner of any property within the affected area for which there is a natural area exemption certificate.
49.3 (1) For the purposes of protecting the natural area values or amenities of an eligible natural area property, the trust council may direct the secretary to issue a natural area exemption certificate for the property.
(2) A natural area exemption certificate must
(a) specify the tax exemption for the eligible natural area property in accordance with the regulations under section 53 (2) (k), and
(b) state that the property may be subject to tax recapture charges under section 49.7 if the certificate is cancelled.
(3) If a natural area exemption certificate is issued, the tax exemption under this section takes effect
(a) if the certificate is issued on or before October 31 in a year, in the next calendar year, or
(b) if the certificate is issued after October 31 in a year, in the year following the next calendar year.
(4) So long as a natural area exemption certificate has not been cancelled, the eligible natural area property is exempt, to the extent provided by the regulations under section 53 (2) (k) as they read on the date on which the certificate was issued, from taxation under this Act and the following Acts:
(a) the Local Government Act;
(a.1) the Community Charter;
(b) the Taxation (Rural Area) Act;
(c) the School Act;
(c.1) the Police Act;
(d) the Assessment Authority Act;
(e) the Municipal Finance Authority Act;
(f) the Hospital District Act;
(g) the South Coast British Columbia Transportation Authority Act.
(5) So long as eligible natural area property is exempt under subsection (4), the property
(a) is deemed, for the purposes of the Assessment Act, to be property that is classified under that Act as Class 1 property, and
(b) is not eligible for a tax exemption under section 130 of the School Act.
49.4 (1) A natural area exemption certificate
(a) may be cancelled by the trust council on the request of the property owner,
(b) may be cancelled by the trust council under section 49.5 if there is a contravention of the protection covenant,
(c) is cancelled automatically if the protection covenant is discharged, and
(d) is cancelled automatically if the area is no longer designated under section 49.2.
(2) If a natural area exemption certificate is cancelled, the tax exemption under section 49.3 ends,
(a) if the certificate is cancelled on or before October 31 in a year, in the next calendar year, or
(b) if the certificate is cancelled after October 31 in a year, in the year following the next calendar year.
49.5 (1) If there is a contravention of any of the provisions of a protection covenant, the trust council may cancel the natural area exemption certificate.
(2) Before exercising its authority under subsection (1), the trust council must
(a) give notice to the owner of the property, identifying the deadline for the owner to submit a response to the council, and
(b) consider any response received from the owner before the deadline.
49.6 (1) The trust council may not discharge a protection covenant in relation to which a natural area exemption certificate has been issued until notice of the proposed discharge has been published in accordance with this section.
(2) Notice of a proposed discharge must be published in accordance with section 94 [requirements for public notice] of the Community Charter.
(2.1) If the trust council has adopted a bylaw under section 94.2 [bylaw to provide for alternative means of publication] of the Community Charter, the notice must be published by at least one of the means of publication specified in the bylaw at least 30 days before the deadline established by the trust council for the purposes of subsection (3) (c) of this section.
(2.2) If the trust council has not adopted a bylaw under section 94.2 of the Community Charter, the second publication of the notice must be at least 30 days before the deadline established by the trust council for the purposes of subsection (3) (c) of this section.
(3) The notice must include the following:
(a) a description of the protection covenant to be discharged;
(b) identification of the property to which the protection covenant applies and the natural area values and amenities to which it relates;
(c) the deadline for submitting comments on the proposed discharge to the trust council.
49.7 (1) If a natural area exemption certificate is cancelled, except in the case of a cancellation under section 49.4 (1) (d) [area no longer designated], the owner of the property must pay to the Minister of Finance the amount referred to in subsection (2) of this section.
(2) The amount payable under subsection (1) is the amount equivalent to the total of the following:
(i) the amount determined in accordance with the regulations under section 53 (2) (k), or
(ii) if no provision is made in the regulations, the difference between
(A) the taxes that would have been payable if no natural area exemption certificate had been issued and no protection covenant applied to the property, and
(B) the taxes that were in fact payable on the property;
(i) interest determined in accordance with the regulations under section 53 (2) (k), or
(ii) if no provision is made in the regulations, interest from the time at which the taxes referred to in paragraph (a) (ii) (A) would have been payable if no natural area exemption certificate had been issued and no protection covenant applied to the property, compounded annually at the rate referred to in section 245 (1) (b) [taxes in arrear] of the Community Charter;
(c) if applicable, the penalty prescribed under section 53 (2) (k).
(3) As an exception to subsection (1), the trust council may, by bylaw adopted
(a) with the approval of the Minister of Finance, and
(b) by at least 2/3 of the votes cast,
waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).
(4) If an amount payable by an owner under this section is not paid to the Minister of Finance by December 31 in the year in which it becomes payable, section 258 [special fees that may be collected as property taxes] of the Community Charter applies to the amount.
(5) The Minister of Finance may distribute amounts received under this section to the applicable taxing authorities in accordance with the regulations under section 53 (2) (k).
49.8 (1) As soon as possible after a natural area exemption certificate is issued, the secretary must provide to the assessor for the area in which the property is located
(a) a copy of the certificate, and
(b) a copy of the protection covenant to which the certificate relates.
(2) As soon as possible after a natural area exemption certificate is cancelled, the secretary must notify
(a) the assessor for the area in which the property is located, and
(3) Within 30 days after a natural area exemption certificate is issued or cancelled, the secretary must file notice of the certificate or cancellation in the land title office, and for this purpose section 594 of the Local Government Act applies.
51 The Inspector of Municipalities may hold an inquiry respecting the trust council, a local trust committee or the Islands Trust Conservancy, or any part of the business of those corporations, and, for those purposes, section 764 of the Local Government Act applies.
52 The minister must lay the report of the trust council under section 19 before the Legislative Assembly directly, if it is then sitting, or, if it is not then sitting, within 15 days after the beginning of the first session in the following calendar year.
53 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(b) designating an island or group of islands as a local trust area;
(c) specifying boundaries surrounding an island or group of islands for the purpose of including other islands located within the boundaries as part of a local trust area;
(d) respecting remuneration and reimbursement for expenses of trustees;
(e) respecting the election of the executive committee and members of the Islands Trust Conservancy;
(f) respecting the trust fund and the activities of the Islands Trust Conservancy for the purposes of section 41 (1) (a);
(g) exempting from the application of siting and use permit requirements under section 31 (2) (a)
(i) land or buildings and structures, or both, and
(ii) classes of land or buildings and structures, or both;
(h) prescribing percentages for the purpose of determining the converted value of land and improvements, as defined in section 47 (1) and, for that purpose, may prescribe different percentages for different classes of property under the Assessment Act;
(i) resolving any conflict between this Act and the Community Charter or Local Government Act;
(j) making further provisions of the Community Charter or Local Government Act apply under this Act in relation to one or more of the bodies of the trust referred to in section 4 (1) and in relation to this, provide exceptions to or modifications of a provision of that Act.
(k) in relation to Part 7.1 [Natural Area Protection Tax Exemptions],
(i) prescribe natural area values or amenities for the purposes of that Part,
(ii) establish additional requirements for land to be considered eligible natural area property,
(iii) prescribe formulas for determining tax exemptions under that Part,
(iv) establish how amounts received by the Minister of Finance under section 49.7 are to be distributed,
(v) prescribe how a recapture amount under section 49.7 (2) (a) is to be determined,
(vi) prescribe how interest under section 49.7 (2) (b) is to be determined, and
(vii) prescribe penalties payable under section 49.7 (2) (c).
(3) Regulations under subsection (2) (k) (i) to (iv) may be different for
(a) different types of property,
(b) different natural area values and amenities,
(c) different types or conditions of protection covenants, and
54 (1) In this section, "trust body" includes
(b) a specified local trust committee or a described class of local trust committees,
(d) the Islands Trust Conservancy.
(2) Despite this or any other Act, the Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a trust body or class of trust bodies:
(a) provide a power, including a power to regulate, prohibit or impose requirements;
(b) provide an exception to or a modification of a requirement or condition established by an enactment;
(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding a power, modification or exception under this section;
(d) authorize a minister to establish any terms and conditions the minister considers appropriate regarding a power, modification or exception under this section.
(3) Without limiting subsection (2), a regulation made under this section may provide a trust body with the power to delegate a power given under this section, or to transfer a benefit received under this section, to one or more of the other trust bodies.
(4) As restrictions, a regulation made under this section must not do any of the following:
(a) confer an authority otherwise available to a trust body;
(b) override an absolute prohibition contained in an enactment;
(c) confer an authority to impose a new tax;
(d) confer an authority to grant a new tax exemption;
(e) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors.
55 (1) All bylaws that were adopted under the Islands Trust Act, R.S.B.C. 1979, c. 290, as it read immediately before its repeal on April 1, 1990 remain in force, and may be repealed, amended or enacted again as if they had been adopted by the applicable local trust committee.
(2) An official community plan, subdivision bylaw, zoning bylaw or land use contract adopted by a municipality or regional district prior to January 1, 1978
(a) remains in force to the extent that it applies to land within a local trust area, and
(b) may be repealed, amended or enacted again by the local trust committee
as if it had been adopted by the local trust committee.
(3) A bylaw under section 734 (1) or 930.1 of the Municipal Act, R.S.B.C. 1979, c. 290, or under section 930 (1) (d) or (e) of that Act as it read before section 930.1 of that Act came into force, that was adopted by a municipality or regional district before April 1, 1990, being the date on which this Act came into force,
(a) remains in force to the extent that the bylaw applies to a local trust area, and
(b) may be repealed, amended or enacted again by the local trust committee
as if the bylaw had been adopted by the local trust committee.
56 A zoning bylaw or an amendment of a zoning bylaw of a local trust committee
(a) adopted after March 31, 1990, and
(b) respecting land that is not covered by an official community plan bylaw approved by the minister after March 31, 1990
has no effect until it is approved by the minister.
All the land, except land situated within a reserve as defined in the Indian Act (Canada), on all the islands situated in the Strait of Georgia, Howe Sound and Haro Strait lying to the South of a line commencing at the most easterly corner of Lot 140, Comox District, being a point on the high water mark on the easterly shore of Vancouver Island; thence South 70º East in a straight line to the point of intersection with the middle line of Sabine Channel; then in a general southeasterly direction along the middle line and passing to the northeast of Jervis, Paul and Jedediah Islands and continuing southeasterly along the southeasterly prolongation of the middle line of Sabine Channel to the point of intersection with a straight line drawn from the most southerly extremity of Young Point (Lasqueti Island) to the most southerly southwest corner of Lot 6274, Group 1, New Westminster District; then northeasterly along the line to the most southerly southwest corner of Lot 6274 and North of a line commencing at the northwest corner of Section 74A, Lake District, being a point on the high water mark on the easterly shore of the Saanich Peninsula; then East to the point of intersection with the easterly boundary of the Province of British Columbia, excepting from the above described area those islands lying within the boundaries of the City of Vancouver, the City of Nanaimo and the District Municipalities of Delta and Richmond.
| Denman Island. | Hornby Island. | Saltspring Island. |
| Gabriola Island. | Lasqueti Island. | Saturna Island. |
| Galiano Island. | Mayne Island. | South Pender Island. |
| Gambier Island. | North Pender Island. | Thetis Island. |
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